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Review of the Planning Enforcement Charter

Perth and Kinross Council · 22 April 2026
Back to Economy and Infrastructure Committee — 22 April 2026 and its agenda

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Our vision is a Perth and Kinross where everyone can live life well,
free from poverty and inequality
___________________________________________________________________
Committee or Board: Economy & Infrastructure Committee
Date of Meeting: 22 April 2026
Report Title: Review of the Planning Enforcement Charter
Report Number: 26/106
Report Author: Sean Panton - Team Leader, Major Applications and
Enforcement
Organisational Lead: Serge Merone – Strategic Lead - Economy,
Development and Planning
___________________________________________________________________
1. Purpose
1.1 The purpose of this Report is to seek approval for an updated version of the
Council’s Planning Enforcement Charter, following a review undertaken in
accordance with the requirements of the Town and Country Planning
(Scotland) Act 1997.
1.2 Sections
1. Purpose
2. Recommendation
3. Background/Main Issues
4. Proposals
5. Conclusion
6. Impact and Value Assessment
7. Appendix
2. Recommendation
It is recommended that the Committee:
2.1 Approves the updated version of the Council’s Planning Enforcement Charter
(Appendix 1).

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3. Background/Main Issues
Requirement for updated Charter
3.1 The Town and Country Planning (Scotland) Act 1997 (as amended) places a
statutory requirement for Planning Authorities to prepare and publish a
Planning Enforcement Charter (the ‘Charter’). The Act specifically requires the
Charter to set out:
 A statement of the Authority’s policies as regards their taking of
enforcement action;
 An account of how members of the public can bring any potential breach
of planning control to the attention of the Authority;
 How to complain about the way in which the Authority takes enforcement
action; and,
 The procedures for dealing with any complaint.
3.2 While there is no duty on the Planning Authority to pursue planning
enforcement action, there is a requirement to review, update and publish a
new Charter whenever appropriate, but at least every two years. The Council
adopted the current Charter on 29 May 2024, almost 2 years ago, and as
such an update is required.
3.3 The Charter plays a vital role in setting out the Council’s responsibilities and
approach to planning enforcement. It provides clarity both for stakeholders
who report suspected breaches of planning control and for those with an
interest in the site concerned. Since the current Charter was adopted, Officers
have gained valuable insight into its effectiveness in meeting its objectives
and operating within the relevant legal frameworks. This experience—along
with feedback received from stakeholders during enforcement casework—has
informed a review of the Charter’s performance and helped identify
opportunities for improvement. Benchmarking and analysis of Planning
Enforcement Charters from other Planning Authorities were also undertaken.
Collectively, these factors have shaped the recommended updates.
4. Proposals
Charter Review
4.1 The current Charter sets out the priority areas for planning enforcement
across Perth and Kinross, based on input gathered through staff discussions
and stakeholder engagement. Officers consider that the priorities and overall
enforcement approach outlined in the existing Charter remain appropriate,
proportionate, legally robust, and aligned with the Council’s strategic
objectives.
4.2 Accordingly, it is recommended that the proposed Priorities for Planning
Enforcement set out in the 2024 Charter remain largely unchanged. However,
to enhance customer service, the existing seven Customer Service Standards
have been reviewed and are to be refocused and consolidated, reducing them

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from seven to five. It is also proposed to introduce a new provision for high
priority cases, ensuring that any case identified by Officers as high priority
receives additional attention and focus.
4.3 The Planning Enforcement Team, along with other planning staff, contributed
to the redrafting process due to their direct experience in implementing the
previous Charter.
4.4 Consequently, it is proposed to replace the existing Customer Service
Standards with the ones below:
Customer Service Standard 1
4.5 After we carry out initial checks, if the issue is something we can investigate
through planning enforcement, we will open a case and let you know by email
or letter within 5 working days. Our acknowledgement will give you a case
number, contact details, and confirm whether we plan to visit the site.
Customer Service Standard 2
4.6 If work has been done without planning permission, but after looking into it we
think planning permission would probably be granted, we may invite the
person responsible to submit a planning application. We can also issue a
notice (under Section 33A of the Planning Act) requiring them to apply for
permission after the work has already been carried out.
Customer Service Standard 3
4.7 We will either finish our investigation or give you an update within 40 working
days. If we have marked the case as high priority, we will update you within
10 working days instead. When the case is closed, we will publish a Closing
Report that explains the decision.
Customer Service Standard 4
4.8 If we decide that formal action is necessary, we will aim to issue an
enforcement notice within 60 working days of the case being opened, and we
will let you know when this happens.
Customer Service Standard 5
4.9 If someone appeals against an enforcement notice, we will tell you within 5
working days of being informed and explain how you can keep track of the
appeal. After the appeal decision is made, we will let you know what further
action, if any, we plan to take.
Service Improvements
4.10 As with previous versions, once the Committee approves it, the Charter
(Appendix 1) will be published on the Council’s website. It will be available as

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an e-booklet and can be downloaded. An accessible version will also be
provided for users who may have difficulty viewing the e-booklet. To support
environmental sustainability and avoid unnecessary costs, no hard copies will
be produced. Only one request for a hard copy of the 2024 Charter has been
received from the public.
Future Review Process
4.11 As noted above, if approved, a further revision of the 2026 Charter should be
brought to Committee no later than April 2028.
5. Conclusion
5.1 The revised Planning Enforcement Charter builds on the established
principles that underpin the Council’s approach to, and priorities for, planning
enforcement. As part of the update, it is recommended that the existing seven
Customer Service Standards be consolidated into five more comprehensive
standards, improving customer service and better reflecting operational
practice. Publication of the revised Charter will set out these updated
standards and formalise the revised approach to the handling of all planning
enforcement matters.
5.2 It is recommended that Committee approves the updated version of the
Council’s Planning Enforcement Charter.
6. Impact and Value Assessment
6.1 https://www.pkc.gov.uk/article/24316/Impact-and-Value-Assessments  
7. Appendix
7.1 Appendix 1 - Proposed ‘Perth & Kinross Planning Enforcement Charter April
2026’